Picture this scenario: You’ve had a few drinks at a bar, restaurant, or social gathering and decide to head home. You don’t feel impaired, but unbeknownst to you, your blood alcohol concentration (BAC) is over the legal limit.
On the way home, another driver runs a red light, speeds through an intersection, or becomes distracted and crashes into you. Emergency responders arrive, and the situation quickly turns serious.
You suffer injuries and property damage, but there’s an added complication: you are later cited for operating while intoxicated (OWI).
So now you’re left asking an important question:
Can you still recover compensation if you weren’t the one who caused the crash, but you were over the legal limit?
The answer is: possibly, but it can be significantly more complicated.
Even when another driver is clearly at fault for causing a crash, insurance companies will look for any reason to reduce or deny a claim.
When alcohol is involved even if the intoxication did not cause the crash insurance companies often use it to argue:
In practice, this means insurers may fight harder to avoid paying compensation, even when
liability appears clear.
“Alcohol involvement changes how insurance companies evaluate a claim, even when their driver caused the crash,” says attorney Caleb Fleschner. “It doesn’t automatically eliminate your rights, but it does give insurers an argument they will often use aggressively to reduce what they pay.”
Many Indiana drivers carry Medical Payments Coverage (MedPay), which is designed to help
pay medical bills regardless of fault.
However, most MedPay policies include exclusions for certain situations, including intoxication.
That means:
This can leave injured drivers facing unexpected out-of-pocket expenses.
Indiana follows a modified comparative fault system, which means your compensation can be reduced based on your percentage of fault.
Under Indiana law:
Even if the other driver caused the crash, the insurance company may argue that intoxication
contributed to your injuries or the outcome of the collision.
For example:
The insurer may argue that multiple factors contributed to the crash in an effort to increase your
percentage of fault.
It’s important to understand that an OWI charge is a criminal matter, while a personal injury
claim is a civil matter.
This means:
Each case depends heavily on the facts, evidence, and investigation.
Claims involving alcohol tend to involve:
Even when the other driver caused the crash, these cases require careful handling and a strong
presentation of evidence.
Despite the complications, being over the legal limit does not automatically mean you lose your
rights to compensation.
An experienced personal injury attorney can:
At Fleschner, Stark, Tanoos & Newlin, we understand that every accident case is unique. Our attorneys carefully evaluate the evidence to determine what really caused the crash and who should be held responsible.
If you were injured in a crash that wasn’t your fault, even if you were cited for OWI. Contact us today for a free consultation. We’ll help you understand your rights and your options moving forward.
Fleschner, Stark, Tanoos & Newlin
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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